Monroe man on trial for shooting victim in face
A Monroe County man went on trial Monday afternoon in Carbon County Court, charged with criminal attempt-homicide and several other charges.
Brian Jeams-Paul Hines, 36, of Brodheadsville, is charged with shooting Gary Hoffner, 32, of Lower Towamensing Township, in the face during a confrontation near Hoffner's home. The incident occurred on Nov. 9, 2009.Hines is facing additional charges of two counts each of aggravated and simple assault, and one count each of terroristic threats, recklessly endangering another person and firearms not to be carried without a license.The jury panel heard testimony from three witnesses yesterday before being sent home for the day about 3:45 p.m. Testimony is expected to be completed today. The trial is being held before Senior Judge John J. Rufe, of Bucks County, specially presiding.Victim testifiesHoffner was the first witness called by Assistant District Attorney Joseph Matika, who is prosecuting the case.Hoffner told the jury that he and Hines had known each other for some time because the defendant at one time dated his sister. He said they started out as friends, but on the day of the shooting there was "bad" feeling between the two.Hoffner said on the day of the shooting he received a call from his girlfriend's son, Jason Boyle, that Hines had called their home asking for him. He said Hines accused Hoffner of stealing a space heater from his residence.Hoffner said later, when he returned from work and was outside his home with Boyle, he saw Hines drive by in his car with a passenger, later identified as Hines' girlfriend, Ann Winger.Hoffner said he saw Hines pull off Lower Smithgap Road and back into a "pull off" area. He said he jumped into his pickup truck, with Boyle as a passenger, and drove to where Hines was parked.He said he pulled alongside Hines' car with the driver side doors of the two vehicles facing each other. He said they began to talk but it quickly escalated into an argument in which he, Boyle, Hines and Winger were yelling at each other.He said Boyle exited his truck and walked to the rear where he was met by Winger, who had exited Hines' vehicle. At this point, Hoffner said, he saw Hines pull a handgun out and point it at Boyle. He said he started to get out of his truck to "protect" Boyle when Hines shot him in the face.Hoffner said he said he immediately fell to the ground. He said before he could get back up Hines drove off. Hoffner said the bullet entered his right nostril.He said he managed to make it back to his house where police and an ambulance were called. He was initially taken to the Palmerton hospital and later transferred to the Lehigh Valley Hospital in Salisbury Township.Hoffner said he had to undergo surgery. His jaw was broken and was wired shut for a month. He said bullet fragments and the bullet are still lodged in his head. He said he continues to get headaches.Under cross examination by defense attorney Stephen Vlossak Sr., Hoffner said he never owned a gun and denied having a gun the day of the incident. He denied that he pulled out the gun and when Hines attempted to take it away from him it went off accidentally.Also testifying was Boyle, who supported Hoffner's account of the confrontation in the two vehicles. He said he and Winger were arguing and when she exited the car he got out of the truck. He said he didn't say anything to Winger when the two met at the rear of the truck and front of the car.He said although it was dark, he could barely see Hines' face. He said soon after he got to the back of the truck he saw a "flash" and heard a "pop," and heard Hoffner say, "He shot me."Boyle said he ducked behind Hoffner's truck. He said Hines and Winger then drove away.Winger testified of being with Hines the day of the incident. She claimed after Hines drove by Hoffner's house he was turning his car around. She said as Hines was turning around Hoffner came speeding down the road in his truck and pulled alongside Hines' car.She said the four started arguing and claimed that Boyle threatened to kill her. She said she got out of the car when she saw Boyle getting out of the truck.She said when she and Boyle met at the vehicle she heard a shot and immediately returned to the car. She said Hines told her that Hoffner had pulled out a gun and he tried to take it away and it went off, striking Hoffner in the face.She said as they drove off she saw a gun lying next to Hines, which he said was the one he took from Hoffner.Under cross examination she admitted she and Hines never called police about the shooting nor called for help.She also said that Hines owned at least one handgun that she knew of and thought it was a .380-caliber, the same as the one Hoffner said he was shot with.Read into the record by Matika was the report of two doctors who treated Hoffner, the emergency room physician and the surgeon who operated on him. It detailed his injuries and treatment.The gun was never found. Hines told state trooper Patrick Finn that he threw it into a lake near his home.Recordings of statements made by Hines and Winger are expected to be played for the jury today, along with testimony by Finn.